Essay On Exigent Circumstances

Exigent circumstances are considered instances when it is appropriate for officers to conduct a warrantless search outside of the scope of the Fourth Amendment search and seizure rule. The Fourth Amendment states that every person has the right to be secure in their house, papers, person and effects against unreasonable search and seizure, and no warrant issued unless probable cause is present and supported by an oath or affirmation describing the person, place or thing to be seized (Strasser, 2008). Nevertheless, exigent circumstances are an exception to the rule in emergency situations when an officer has probable cause and no time to secure a warrant in cases where it is necessary to avoid a flight risks, loss of evidence, individual harm, hot pursuits, and movement of a vehicle (Swanson et al., 2011, p. 32). For example, if a call came in that shots had been fired in a residence, then it is reasonable to believe that a victim has been harmed and in need of emergency assistance, so officers have the right to enter the home without a warrant to offer assistance and search the premises for the assailant to avoid harm to themselves and others. Another example would be if officers were in hot pursuit of a …show more content…
Brigham City argued that it would have done no good to knock on the door because of the loud turmoil going on inside and at first the occupants had not heard the first announcement of the police officers presence. The Utah Supreme Court based its decision on the United States Supreme Court’s decision in Mincey v. Arizona that reasonableness of an exigency requires emergency assistance of an individual or property when there is a threat of serious injury or death, and this situation was not serious enough to justify a warrantless entry of the home (Supreme Court of The United States, 2006, p.